[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
120 STAT. 3266
Public Law 109-437
109th Congress
An Act
To amend title 18, United States Code, to enhance protections relating
to the reputation and meaning of the Medal of Honor and other military
decorations and awards, and for other purposes. NOTE: Dec. 20,
2006 - [S. 1998]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Stolen Valor Act
of 2005.
SECTION 1. NOTE: 18 USC 1 note. SHORT TITLE.
This Act may be cited as the ``Stolen Valor Act of 2005''.
SEC. 2. NOTE: 18 USC 704 note. FINDINGS.
Congress makes the following findings:
(1) Fraudulent claims surrounding the receipt of the Medal
of Honor, the distinguished-service cross, the Navy cross, the
Air Force cross, the Purple Heart, and other decorations and
medals awarded by the President or the Armed Forces of the
United States damage the reputation and meaning of such
decorations and medals.
(2) Federal law enforcement officers have limited ability to
prosecute fraudulent claims of receipt of military decorations
and medals.
(3) Legislative action is necessary to permit law
enforcement officers to protect the reputation and meaning of
military decorations and medals.
SEC. 3. ENHANCED PROTECTION OF MEANING OF MILITARY DECORATIONS AND
MEDALS.
(a) Expansion of General Criminal Offense.--Subsection (a) of
section 704 of title 18, United States Code, is amended by striking
``manufactures, or sells'' and inserting ``purchases, attempts to
purchase, solicits for purchase, mails, ships, imports, exports,
produces blank certificates of receipt for, manufactures, sells,
attempts to sell, advertises for sale, trades, barters, or exchanges for
anything of value''.
(b) Establishment of Criminal Offense Relating to False Claims About
Receipt of Decorations and Medals.--Such section 704 is further
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) False Claims About Receipt of Military Decorations or
Medals.--Whoever falsely represents himself or herself, verbally or in
writing, to have been awarded any decoration or medal authorized by
Congress for the Armed Forces of the United States, any of the service
medals or badges awarded to the members of such forces, the ribbon,
button, or rosette of any such badge, decoration,
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120 STAT. 3267
or medal, or any colorable imitation of such item shall be fined under
this title, imprisoned not more than six months, or both.''; and
(3) in paragraph (1) of subsection (c), as redesignated by
paragraph (1) of this subsection, by inserting ``or (b)'' after
``subsection (a)''.
(c) Enhanced Penalty for Offenses Involving Certain Other Medals.--
Such section 704 is further amended by adding at the end the following:
``(d) Enhanced Penalty for Offenses Involving Certain Other
Medals.--If a decoration or medal involved in an offense described in
subsection (a) or (b) is a distinguished-service cross awarded under
section 3742 of title 10, a Navy cross awarded under section 6242 of
title 10, an Air Force cross awarded under section 8742 of section 10, a
silver star awarded under section 3746, 6244, or 8746 of title 10, a
Purple Heart awarded under section 1129 of title 10, or any replacement
or duplicate medal for such medal as authorized by law, in lieu of the
punishment provided in the applicable subsection, the offender shall be
fined under this title, imprisoned not more than 1 year, or both.''.
(d) Conforming Amendments.--Subsection (c) of such section 704, as
so redesignated, is further amended--
(1) by inserting ``Enhanced Penalty for Offenses Involving''
before ``Congressional Medal of Honor''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Congressional medal of honor defined.--In this
subsection, the term `Congressional Medal of Honor' means--
``(A) a medal of honor awarded under section 3741,
6241, or 8741 of title 10 or section 491 of title 14;
``(B) a duplicate medal of honor issued under
section 3754, 6256, or 8754 of title 10 or section 504
of title 14; or
``(C) a replacement of a medal of honor provided
under section 3747, 6253, or 8747 of title 10 or section
501 of title 14.''.
Approved December 20, 2006.
LEGISLATIVE HISTORY--S. 1998:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 7, considered and passed Senate.
Dec. 6, considered and passed House.